JAMES v. SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATION ; granting 11 MOTION to Dismiss Petition For Writ of Habeas Corpus. Signed by JUDGE ALLEN C WINSOR on 9/19/2022. The clerk will enter a judgment that says, "The § 2254 petition is dismissed with prejudice as time-barred." The clerk will then close the file. A certificate of appealability is DENIED. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MICHAEL JASON JAMES,
Petitioner,
v.

Case No. 4:22-cv-77-AW-MJF

SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS,
Respondent.
_______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner Michael Jason James pleaded nolo contendre in Florida state court
to sexual battery. He was sentenced to ten years’ prison, and he did not appeal. Years
later, he seeks § 2254 relief in this court. His claim is that state courts have no
jurisdiction over criminal cases—only civil cases. But I need not reach the merits of
that claim because, as the magistrate judge explains, the § 2254 petition is untimely.
The magistrate judge’s August 10, 2022 report and recommendation sets out
the facts and law. I adopt that report and recommendation and incorporate it into this
order.
James filed objections after the deadline, and he asks the court to accept them
as timely filed. ECF No. 18. I do accept them as timely, and I have considered the
objections de novo. James asks the court to create an exception to the one-year
statute of limitations based on his ADHD and other limitations. I overrule the

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objections. Even assuming such limitations could toll the statute of limitations in
some case, James has not shown that they should do so here. He has not shown that
he was unable to present his claim within the limitations period.
The Secretary’s motion to dismiss (ECF No. 11) is GRANTED. As noted
above, the report and recommendation (ECF No. 18) is ADOPTED. The clerk will
enter a judgment that says, “The § 2254 petition is dismissed with prejudice as timebarred.” The clerk will then close the file. A certificate of appealability is DENIED.
SO ORDERED on September 19, 2022.
s/ Allen Winsor
United States District Judge

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